Proposed Flood Elevation Determinations; Correction, 12697-12699 [E8-4633]

Download as PDF Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation** Effective 12697 Communities affected Modified Raven Fork ........................... Approximately 1,650 feet upstream of Big Cove Road None +2638 Shepherd Creek .................... Approximately 0.5 mile upstream of Big Cove Road ... At the confluence with Kirkland Creek ......................... None None +2663 +1844 None +2232 Silvermine Creek ................... Approximately 1.4 miles upstream of the confluence with Kirkland Creek. At the confluence with Nantahala River ....................... None +1724 None +2151 +2454 +2455 None +2558 Toot Hollow Branch .............. Approximately 100 feet upstream of Taylor Road (State Road 1104). Approximately 100 feet upstream of the confluence with Raven Fork. Approximately 1.0 mile upstream of the confluence with Raven Fork. At the confluence with Tuckasegee River .................... +1735 +1734 None +1806 Tuckasegee River ................. Approximately 330 feet upstream of Monteith Road (State Road 1334). At the confluence with Little Tennessee River ............. None +1710 Wesser Creek ....................... At the upstream side of U.S. 74/U.S. 441 ................... At the confluence with Conley Creek ........................... None None +1845 +1984 Approximately 200 feet upstream of Estes Drive ........ At the confluence with Nantahala River ....................... None None +2052 +1711 Just downstream of the confluence of Right Fork Wesser Creek. None +2201 Straight Fork ......................... Wesser Creek (into Nantahala River). Eastern Band of Cherokee Indians. Unincorporated Areas of Swain County. Unincorporated Areas of Swain County. Eastern Band of Cherokee Indians. Unincorporated Areas of Swain County, Town of Bryson City. Unincorporated Areas of Swain County, Eastern Band of Cherokee Indians, Town of Bryson City. Unincorporated Areas of Swain County. Unincorporated Areas of Swain County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Eastern Band of Cherokee Indians Maps are available for inspection at Ginger Lynn Welch Complex, 810 Acquoni Road, Cherokee, NC. Town of Bryson City Maps are available for inspection at Town of Bryson City Manager’s Office, 45 Everett Street, Bryson City, NC. Unincorporated Areas of Swain County Maps are available for inspection at Swain County Mapping Department, 101 Mitchell Street, Bryson City, NC. ebenthall on PRODPC61 with PROPOSALS (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: March 3, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–4726 Filed 3–7–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURTIY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–7756] Proposed Flood Elevation Determinations; Correction Federal Emergency Management Agency, DHS. AGENCY: VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 ACTION: Proposed rule; correction. SUMMARY: This document corrects the table to a proposed rule published in the Federal Register of January 16, 2008. This correction clarifies the table representing the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for Pulaski County, Arkansas, and Incorporated Areas; specifically, for flooding sources ‘‘Good Earth Drain, Isom Creek, Kinley Creek, Little Maumelle River, Nowlin Creek, South E:\FR\FM\10MRP1.SGM 10MRP1 12698 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules Loop, South Split, Taylor Loop Creek and Tributary 4 to Little Maumelle River,’’ than was previously published. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2903. The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1-percentannual-chance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). SUPPLEMENTARY INFORMATION: Flooding source(s) These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Correction In proposed rule FR Doc. E8–725, beginning on page 2860 in the issue of January 16, 2008, make the following corrections, in the table published under the authority of 44 CFR 67.4. On page 2860, in § 67.4, in the table with center heading Pulaski County, Arkansas, and Incorporated Areas, the flooding source, location of referenced elevation, the effective and modified elevation in feet and the communities affected for flooding sources ‘‘Good Earth Drain, Isom Creek, Kinley Creek, Little Maumelle River, Nowlin Creek, South Loop, South Split, Taylor Loop Creek and Tributary 4 to Little Maumelle River’’, need to be corrected to read as follows: * * * * * *Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective Communities affected Modified Pulaski County, Arkansas, and Incorporated Areas Good Earth Drain .................. +283 +281 Isom Creek ............................ Approximately 250 ft downstream of Cantrell Rd. Intersection. Divergence from Taylor Loop Creek ............................ Confluence with Taylor Loop Creek ............................. +287 +264 +285 +265 Kinley Creek .......................... Approximately 100 feet upstream of Russ Street ........ Confluence with Nowlin Creek ..................................... +346 +350 +345 +292 +413 +411 Little Maumelle River ............ +268 +270 Nowlin Creek ......................... Approximately 50 feet downstream of Garrison Rd intersection. Approximately 445 feet upstream of intersection with Highway 300. Intersection with Brush Mountain Trail ......................... Confluence with Little Maumelle River ......................... +564 +268 +561 +271 +500 +497 South Loop ............................ Approximately 3200 feet upstream of Forestry Road intersection. Confluence with Taylor Loop Creek ............................. +264 +266 South Split ............................. Divergence with Taylor Loop Creek ............................. Approximately 700 feet upstream from confluence with South Loop. +306 +286 +305 +285 Taylor Loop Creek ................ Divergence from South Loop ....................................... Confluence with Little Maumelle River ......................... +295 +264 +290 +266 Approximately 800 Feet upstream of Valley Estates Dr. intersection. Confluence with Little Maumelle River ......................... +431 +266 None None +301 +509 Tributary 4 to Little Maumelle River. ebenthall on PRODPC61 with PROPOSALS Unincorporated Areas of Pulaski County, City of Little Rock. Unincorporated Areas of Pulaski County. Unincorporated Areas of Pulaski County. Unincorporated Areas of Pulaski County. Unincorporated Areas of Pulaski County. +430 None City of Little Rock. Intersection with Cantrell Rd. ....................................... Approximately 3488 feet upstream from intersection with Autumn Blaze Trail. VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 Unincorporated Areas of Pulaski County, City of Little Rock. Unincorporated Areas of Pulaski County, City of Little Rock. Unincorporated Areas of Pulaski County, City of Little Rock. Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules [FAR Case 2006–034; Docket 2007–0001; Sequence 15] • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4035, ATTN: Diedra Wingate, Washington, DC 20405. Instructions: Please submit comments only and cite FAR case 2006–034 in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501–0044 for clarification of content. The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. Please cite FAR case 2006–034. SUPPLEMENTARY INFORMATION: RIN 9000–AK92 A. Background * * * * * Dated: March 3, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–4633 Filed 3–7–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 13 and 19 Federal Acquisition Regulation: FAR Case 2006–034, Socioeconomic Program Parity Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ebenthall on PRODPC61 with PROPOSALS AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to ensure that the FAR reflects the Small Business Administration’s (SBA) interpretation of the Small Business Act and SBA regulations with regard to the relationship among various small business programs. DATES: Comment date: Interested parties should submit written comments to the Regulatory Secretariat at the address shown below on or before May 9, 2008, to be considered in the formation of the final rule. ADDRESSES: Submit comments, identified by FAR Case 2006–034, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2006–034’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with FAR Case 2006– 034. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘FAR Case 2006–034’’ on your attached document. VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 The purpose of this rule is to ensure that the FAR clearly reflects SBA’s interpretation of the Small Business Act and SBA’s interpretation of its regulations with regard to the order of precedence that applies when deciding whether to satisfy a requirement through an award to a small business, a HUBZone small business concern, a service-disabled veteran-owned small business (SDVOSB) concern or a small business participating in the 8(a) Business Development Program (8(a) Program). This FAR rule is intended to make the following clear: (1) There is no order of precedence among the 8(a), HUBZone, or SDVOSB Programs. However, if a requirement has been accepted by SBA under the 8(a) Program, it must remain in the 8(a) Program unless SBA agrees to its release in accordance with 13 CFR 124, 125 and 126. (2) For acquisitions exceeding $100,000, the contracting officer must consider making award under the 8(a), HUBZone or SDVOSB Programs (either set-aside or sole source) before the contracting officer proceeds with a small business set-aside. See 19.203(b) and 19.502–2(b). After having considered making award under the 8(a), HUBZone or SDVOSB Programs, the contracting officer may set aside an acquisition for small business, with one exception. By statute (15 U.S.C. 657a(b)(2)(B)), the contracting officer cannot set the acquisition aside for small business if the criteria for setting it aside for HUBZone small business are met. (3) FAR 19.502–2(a) sets forth the requirement to exclusively reserve PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 12699 acquisitions for small business between $3,000 and $100,000 unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more small businesses that are competitive in terms of market prices, quality, and delivery. This proposed rule clarifies that these small business set-asides do not preclude award of a contract to a qualified HUBZone small business concern pursuant to the HUBZone Program, an 8(a) Program participant pursuant to the 8(a) Program, or to a SDVOSB concern pursuant to the SDVOSB Program because the SBA’s regulations give the contracting officer discretionary authority to use the HUBZone, 8(a), or SDVOSB Programs at these dollar levels. In addition, the rule shows that, unlike procurements that are expected to exceed $100,000, it is not mandatory that the contracting officer set aside an acquisition for HUBZone small business concerns before setting aside the requirement for small businesses. (4) SBA believes that progress in fulfilling the various small business goals, as well as other factors such as the results of market research and the acquisition history, should be considered in making a decision as to which program to use for the acquisition. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. The rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act This change may have a significant economic impact on a significant number of small entities within the meaning of the Regulatory Flexibility Act 5 U.S.C. 601, et seq., because it will clarify the relationship among various small business programs with regard to whether one has priority over another for acquisition purposes. It has been unclear to the acquisition community if there is an order of precedence that applies when deciding whether to satisfy a requirement through an award to small business, HUBZone small business, service disabled veteranowned small business or a small business participating in the 8(a) Business Development Program. This proposed rule will have both a negative and positive impact on the 8(a) Business Development Program, the HUBZone Program, the Service-Disabled VeteranOwned Small Business Program and the Small Business Program. E:\FR\FM\10MRP1.SGM 10MRP1

Agencies

[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Proposed Rules]
[Pages 12697-12699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4633]


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DEPARTMENT OF HOMELAND SECURTIY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7756]


Proposed Flood Elevation Determinations; Correction

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects the table to a proposed rule published 
in the Federal Register of January 16, 2008. This correction clarifies 
the table representing the flooding source(s), location of referenced 
elevation, the effective and modified elevation in feet and the 
communities affected for Pulaski County, Arkansas, and Incorporated 
Areas; specifically, for flooding sources ``Good Earth Drain, Isom 
Creek, Kinley Creek, Little Maumelle River, Nowlin Creek, South

[[Page 12698]]

Loop, South Split, Taylor Loop Creek and Tributary 4 to Little Maumelle 
River,'' than was previously published.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering 
Management Branch, Mitigation Directorate, Federal Emergency Management 
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) publishes proposed determinations of Base (1-percent-annual-
chance) Flood Elevations (BFEs) and modified BFEs for communities 
participating in the National Flood Insurance Program (NFIP), in 
accordance with section 110 of the Flood Disaster Protection Act of 
1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain 
management criteria required by 44 CFR 60.3, are the minimum that are 
required. They should not be construed to mean that the community must 
change any existing ordinances that are more stringent in their 
floodplain management requirements. The community may at any time enact 
stricter requirements of its own, or pursuant to policies established 
by other Federal, State, or regional entities. These proposed BFEs are 
used to meet the floodplain management requirements of the NFIP and are 
also used to calculate the appropriate flood insurance premium rates 
for new buildings built after these elevations are made final, and for 
the contents in these buildings.

Correction

    In proposed rule FR Doc. E8-725, beginning on page 2860 in the 
issue of January 16, 2008, make the following corrections, in the table 
published under the authority of 44 CFR 67.4. On page 2860, in Sec.  
67.4, in the table with center heading Pulaski County, Arkansas, and 
Incorporated Areas, the flooding source, location of referenced 
elevation, the effective and modified elevation in feet and the 
communities affected for flooding sources ``Good Earth Drain, Isom 
Creek, Kinley Creek, Little Maumelle River, Nowlin Creek, South Loop, 
South Split, Taylor Loop Creek and Tributary 4 to Little Maumelle 
River'', need to be corrected to read as follows:
* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                  *Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD) 
                                       Location of referenced    Depth in feet  above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                   in  meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Pulaski County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Good Earth Drain....................  Approximately 250 ft            +283         +281  City of Little Rock.
                                       downstream of Cantrell
                                       Rd. Intersection.
                                      Divergence from Taylor          +287         +285  .......................
                                       Loop Creek.
Isom Creek..........................  Confluence with Taylor          +264         +265  Unincorporated Areas of
                                       Loop Creek.                                        Pulaski County, City
                                                                                          of Little Rock.
                                      Approximately 100 feet          +346         +345  .......................
                                       upstream of Russ
                                       Street.
Kinley Creek........................  Confluence with Nowlin          +350         +292  Unincorporated Areas of
                                       Creek.                                             Pulaski County.
                                      Approximately 50 feet           +413         +411  .......................
                                       downstream of Garrison
                                       Rd intersection.
Little Maumelle River...............  Approximately 445 feet          +268         +270  Unincorporated Areas of
                                       upstream of                                        Pulaski County.
                                       intersection with
                                       Highway 300.
                                      Intersection with Brush         +564         +561  .......................
                                       Mountain Trail.
Nowlin Creek........................  Confluence with Little          +268         +271  Unincorporated Areas of
                                       Maumelle River.                                    Pulaski County.
                                      Approximately 3200 feet         +500         +497  .......................
                                       upstream of Forestry
                                       Road intersection.
South Loop..........................  Confluence with Taylor          +264         +266  Unincorporated Areas of
                                       Loop Creek.                                        Pulaski County.
                                      Divergence with Taylor          +306         +305  .......................
                                       Loop Creek.
South Split.........................  Approximately 700 feet          +286         +285  Unincorporated Areas of
                                       upstream from                                      Pulaski County, City
                                       confluence with South                              of Little Rock.
                                       Loop.
                                      Divergence from South           +295         +290  .......................
                                       Loop.
Taylor Loop Creek...................  Confluence with Little          +264         +266  Unincorporated Areas of
                                       Maumelle River.                                    Pulaski County, City
                                                                                          of Little Rock.
                                      Approximately 800 Feet          +431         +430  .......................
                                       upstream of Valley
                                       Estates Dr.
                                       intersection.
Tributary 4 to Little Maumelle River  Confluence with Little          None         +266  Unincorporated Areas of
                                       Maumelle River.                                    Pulaski County, City
                                                                                          of Little Rock.
                                      Intersection with               None         +301  .......................
                                       Cantrell Rd..
                                      Approximately 3488 feet         None         +509  .......................
                                       upstream from
                                       intersection with
                                       Autumn Blaze Trail.
----------------------------------------------------------------------------------------------------------------


[[Page 12699]]

* * * * *

    Dated: March 3, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
 [FR Doc. E8-4633 Filed 3-7-08; 8:45 am]
BILLING CODE 9110-12-P